Keith's Case — Impaired and Over 80 — Police Report

Client:   Keith S., Accused
Complainant:   York Regional Police Force, 2 District
Charges:   Over 80 and Impaired Driving, Criminal Code, ss. 253(a)-(b)

Police Report:   On Saturday, the 15th of July 1995, Park Warden H**** was on duty at Sibbald Provincial Park in the Town of Georgina. At approximately 6:47 a.m., H**** was parked at the park entrance when he observed a male driver and two children in a blue Plymouth van approach, stop, and ask H**** directions.

Park Warden H**** observed that the driver's eyes were red rimmed, his speech was slow and slurred, and a strong smell of an alcoholic beverage could be detected on his breath. H**** identified himself as a Park Warden to the driver and asked him to step from the vehicle. At that point, H**** observed the party to be unsteady on his feet. H**** asked the party for identification.

A valid photo driver's licence was produced as Keith S. of Don Mills. H**** asked Keith S. to stand with his feet together, eyes closed, and head slightly back. Park Warden H**** observed the party to sway back and forth.

At approximately 7:00 a.m., H**** advised Keith S. he was under arrest for impaired driving. At 7:05 a.m., his rights to counsel were given. Keith S. advised he wished to speak to duty counsel. At 7:06 a.m. Keith S. was cautioned, and, at 7:07 a.m., a breath demand was given, both of which he advised he understood.

At approximately 7:09 a.m., Keith S. was transported to # 3 District, York Regional Police Force for breath tests. Police Constable F**** of the Ontario Provincial Police was already at 3 District using York Regional Police Force's approved instrument and was advised H**** was attending.

H**** arrived at 3 District at 7:17 a.m. Keith S. remained with H****. Duty counsel was contacted. Duty counsel returned the call and spoke privately with Keith S., finishing his call at 7:50 a.m. (Duty counsel Roy R****).

Keith S. was turned over to Police Constable F****, a qualified breathalyser technician at 7:56 a.m. First test at 8:00 a.m. — 339 mgs and the second at 8:18 a.m. — 328 mgs. Keith S. remained with Police Constable F****.

At 8:35 a.m., the Certificate of the qualified technician was served to Keith S. by Police Constable F****, and the notice to intent to produce it at 8:37 a.m., both of which Keith S. advised he understood.

Keith S. was released on a Promise to Appear at 8:40 a.m. by Police Constable F****.

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